Tex.
Code of Crim. Proc. Article 46B.103
Civil Commitment Hearing: Intellectual Disability
(a)
If it appears to the court that the defendant may be a person with an intellectual disability, the court shall hold a hearing to determine whether the defendant is a person with an intellectual disability.(b)
Proceedings for commitment of the defendant to a residential care facility are governed by Subtitle D, Title 7, Health and Safety Code, to the extent that Subtitle D applies and does not conflict with this chapter, except that the criminal court shall conduct the proceedings whether or not the criminal court is also a county court.(c)
If the court enters an order committing the defendant to a residential care facility, the defendant shall be:(1)
treated and released in accordance with Subtitle D, Title 7, Health and Safety Code, except as otherwise provided by this chapter; and(2)
released in conformity with Article 46B.107 (Release of Defendant After Civil Commitment).(d)
In the proceedings conducted under this subchapter for a defendant described by Subsection (a):(1)
an application to have the defendant declared a person with an intellectual disability may not be required;(2)
the provisions of Subtitle D, Title 7, Health and Safety Code, relating to notice of hearing do not apply; and(3)
appeals from the criminal court proceedings are to the court of appeals as in the proceedings for commitment to a residential care facility under Subtitle D, Title 7, Health and Safety Code.
Source:
Article 46B.103 — Civil Commitment Hearing: Intellectual Disability, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.46B.htm#46B.103 (accessed Jun. 5, 2024).
